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#Post#: 58115--------------------------------------------------
Waltham Forest Contravention 27, parking adjacent to dropped
kerb (private alleyway), Normanshire Drive
DIR By: 97knit
Date: February 14, 2025, 10:07 am
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Hi, I received a PCN for contravention 27 Parked in a special
enforcement area adjacent to a
footway, cycle track or verge lowered to meet the level of the
carriageway on 05/02/2025 at 21:17.
I challenged the PCN which has been rejected by Waltham Forest.
This dropped kerb serves as access to our private alleyway,
which we share with our neighbours. We all have a shared
understanding that we can park over the alleyway if there is no
other parking available. In the over 17 years living here (and
our neighbours 25+ years), neither of us have ever received a
PCN for doing this.
We find it strange it has happened now, but this brings me to my
question - what are the next steps?
Waltham Forest are adament this is a footway and it doesn't
matter that it provides access to our private alleyway. Our
neighbour across the road also parks over her alleyway and did
not receive a ticket at the same time (the dropped kerb is to
the left of ours, not directly opposite).
I'd appreciate any guidance here, is it worth trying to appeal
this when I receive the Notice to Owner or should I pay the £65
and accept we will never be able to park over our alleyway in
future?
Thanks.
Street view so you can see the alleyway:
HTML https://maps.app.goo.gl/kCvzrTGh5HA8i9Nr8
Rejection letter from Waltham Forest:
HTML https://imgur.com/a/wUv5zXe
HTML [img]http://
HTML https://i.imgur.com/Ai8W138.png[/img]
HTML [img]http://
HTML https://i.imgur.com/rqkDWO5.png[/img]
If there are any other details you need, please let me know -
thank you!
#Post#: 58123--------------------------------------------------
Re: Waltham Forest Contravention 27, parking adjacent to dropped
kerb (private alleyway), Normanshire Drive
DIR By: stamfordman
Date: February 14, 2025, 10:37 am
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This contravention can only be enforced for three reasons:
- Pedestrian crossing
- Cycle access
- Vehicular access
To quote the legislation:
The footway, cycle track or verge has been lowered to meet the
level of the carriageway for the purpose of:
(i)assisting pedestrians crossing the carriageway,
(ii)assisting cyclists entering or leaving the carriageway, or
(iii)assisting vehicles entering or leaving the carriageway
across the footway, cycle track or verge
It appears to serve no purpose for any of these including a
pedestrian crossing at that section of the road so I would await
the notice to owner.
HTML https://i.imgur.com/qdvFxYU.png
#Post#: 58129--------------------------------------------------
Re: Waltham Forest Contravention 27, parking adjacent to dropped
kerb (private alleyway), Normanshire Drive
DIR By: H C Andersen
Date: February 14, 2025, 11:11 am
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Why is the access gated? Is it subject to a Gating Order or
gating agreement?
#Post#: 58207--------------------------------------------------
Re: Waltham Forest Contravention 27, parking adjacent to dropped
kerb (private alleyway), Normanshire Drive
DIR By: 97knit
Date: February 15, 2025, 5:14 am
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--- Quote from: H C Andersen link ---
>
> Why is the access gated? Is it subject to a Gating Order or
gating agreement?
>
--- End Quote ---
It is there for security purposes for our and surrounding
properties
#Post#: 63237--------------------------------------------------
Re: Waltham Forest Contravention 27, parking adjacent to dropped
kerb (private alleyway), Normanshire Drive
DIR By: 97knit
Date: March 19, 2025, 9:47 am
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The Notice to Owner letter has come through yesterday and wanted
to get some advice about what to put in the representation.
As stamfordman said, the dropped kerb appears to serve no
purpose for any of these including a pedestrian crossing at that
section of the road, which is the line Waltham Forest is using
particularly for this PCN, so I will go down this route of
stating the sole purpose of the dropped kerb is for access to
the private alleyway, but is there any other evidence you think
would be useful to include here? Or other statements?
Our neighbours have still been parking across this alley (as
normal) and they haven't received any PCNs. They have also said
they are happy to write a letter to support my representation
too.
#Post#: 63242--------------------------------------------------
Re: Waltham Forest Contravention 27, parking adjacent to dropped
kerb (private alleyway), Normanshire Drive
DIR By: mrmustard
Date: March 19, 2025, 10:06 am
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What legal rights does each house have over the alleyway, just
on foot or by vehicle?
You may find something in the documents your solicitor gave you
when buying (if you ask the most recent incomer they are more
likely to have the paperwork).
The council seem to be relying on it being for pedestrians to
cross the road but it wasn't installed for that purpose and
there aren't dimples in the paving to assist the blind.
#Post#: 63243--------------------------------------------------
Re: Waltham Forest Contravention 27, parking adjacent to dropped
kerb (private alleyway), Normanshire Drive
DIR By: H C Andersen
Date: March 19, 2025, 10:08 am
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It is there for security purposes for our and surrounding
properties
So it's not yours, it's shared and without sight of your deeds I
think it's a reasonable premise that any of your neighbours
could use it as a vehicle crossover - vehicles of any size e.g.
motorbike. The fact remains that it's there and was installed by
the highway authority (it seems some years ago) for a reason and
on application - they don't install vehicle crossovers on a
whim.
Your difficulty is that you cannot claim the exemption of
serving your residential property because the access is
shared(unlike opposite where the dropped footways seem to be on
a property by property basis).
I think that you need to focus on the legitimate expectation
argument, but beware that this only works once. In tandem, you
could run the 'it's not used for vehicle access' argument. You
would probably need input from the occupiers of all properties
served by the alleyway(and who might have been party to the
gating agreement/order).
#Post#: 63246--------------------------------------------------
Re: Waltham Forest Contravention 27, parking adjacent to dropped
kerb (private alleyway), Normanshire Drive
DIR By: john_s_wf
Date: March 19, 2025, 10:19 am
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How did the circled car get there?
[attachment deleted by admin]
#Post#: 63247--------------------------------------------------
Re: Waltham Forest Contravention 27, parking adjacent to dropped
kerb (private alleyway), Normanshire Drive
DIR By: 97knit
Date: March 19, 2025, 10:27 am
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Thanks mrmustard and H C Andersen for your comments and
insights.
I need to have a look for some documents then I think! Our
neighbour said at the time the PCN was issued that it is his and
our house (either side of the alley) that have the rights to the
alleyway (much like the other alleyways in the road) and that we
technically don't have to allow access to other residents in our
part of the road, not sure of the technicalities here so
something that needs to be looked into more.
--- Quote from: mrmustard link ---
>
> The council seem to be relying on it being for pedestrians to
cross the road but it wasn't installed for that purpose and
there aren't dimples in the paving to assist the blind.
>
--- End Quote ---
This is what I am hoping may result in the cancellation of the
PCN as it is definitely not used for this purpose, never has!
#Post#: 63248--------------------------------------------------
Re: Waltham Forest Contravention 27, parking adjacent to dropped
kerb (private alleyway), Normanshire Drive
DIR By: stamfordman
Date: March 19, 2025, 10:33 am
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It's been gated like that since at least 2009 according to Maps.
The rejection is just a template.
I wouldn't concede the dropped footway serves any purpose and be
firm it is certainly not there for any of the three statutory
purposes.
However, what's puzzling is why you got the PCN as usually the
council won't act unless called by an irate resident. How many
neighbours share this alley? Have you spoken to them all?
Mr Anderson is right it could be put to use for motorcycle
access and as it is shared, a note by a neighbour is important
but all neighbours to sign best.
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